IEBC Officers To Face 3 years In Jail, Sh1m Fine or both For Electoral Offences
Election officers who will be found guilty of committing electoral offences shall face sh1 million fine, three years imprisonment or both under the election offences Act enacted by Parliament.
These laws will come into play if the ruling by the Supreme court in the next few days finds any IEBC officer mentioned in NASA petition guilty.
The commission warned its officers from the word go that it will not shield them from prosecution if found guilty of having committed electoral offences by tampering with the election.
It will be an offence punishable by law for IEBC officers among them returning officers, presiding officers and polling clerks who made false entries into election declaration forms.
The law also bars POs or clerks from interfering with a voter in the casting of a vote in secret.
“Where required under the Elections Act (No. 24 of 2011) or any other law to declare the result of an election, fails to declare the results of an election the officer commits an offence,” reads the Election offences Act in part.
“except in the case of a member, officer or person authorised to do so, purports to make a formal declaration or formal announcement of an election result commits an offence,” reads the Act.
Officers who colluded with any political party or candidate for purposes of giving an undue advantage to the political party or candidate,on partisan, ethnic, religious, gender or any other unlawful considerations will also be punished.